Child custody: child abuse and safety.
Summary
Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents, and consistent with specified findings, including that the court's primary concern must be to ensure the health, safety, and welfare of the child. Existing law prohibits the ordering of family reunification services as part of a child custody or visitation rights proceeding. Existing law requires the Judicial Council to establish judicial training programs with instruction in all aspects of family law for those who perform duties in family law matters and in domestic violence for those who perform duties in domestic violence matters. This bill would specify that prohibited ordered family reunification services include reunification therapy, treatments, programs, workshops, or camps that are predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached. The bill would require the Judicial Council's family law training program to be designed to improve the ability of judges and others who perform duties in family law matters to recognize and respond to child abuse, domestic violence, and trauma in all family victims and to make appropriate custody decisions that prioritize child safety and well-being and are culturally responsive. The bill would require the Judicial Council's domestic violence training program to include child abuse, and would include those who perform duties in child custody and visitation matters in the target audience for that training. The bill would require a judge assigned to family law matters involving child custody proceedings, as well as a judge, referee, commissioner, mediator, child custody recommending counselor, and evaluator involved in child custody proceedings, to participate in a program of continuing instruction in domestic violence, including child abuse.
Bill status
passed both
4 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2022
Senate Passage
May 2021
Assembly Passage
Aug 2022
Governor
Introduced Feb 18, 2021
Last action Aug 31, 2022
Floor votes · Senate May 10, 2021 · Assembly Aug 15, 2022
How they voted
34–0
Passed · 3 other
Total votes 37
May 10, 2021
D
Democratic29
89% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
10
Committee
9
Amendments
6
Aug 24, 2022
Upper · Passed
From committee: That the Assembly amendments be taken up for consideration. (Ayes 11. Noes 0. Page 5108.)
upper
Aug 23, 2022
Upper · Passed
From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 4961.) Re-referred to Com. on JUD.
upper
Aug 23, 2022
Committee
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
upper
Aug 15, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 15, 2022
Lower · Passed
Read third time. Passed. (Ayes 76. Noes 0. Page 5882.) Ordered to the Senate.
lower
Jun 28, 2022
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 0.) (June 28).
lower
Jun 20, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 6, 2022
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 96.
lower
Jun 2, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
lower
May 20, 2021
Committee
Referred to Com. on ED.
lower
May 10, 2021
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 0. Page 1064.) Ordered to the Assembly.
upper
May 5, 2021
Upper · Passed
Read second time and amended. Ordered to consent calendar.
upper
May 4, 2021
Upper · Passed
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 7. Noes 0. Page 954.) (April 28).
upper
Apr 14, 2021
Committee
Re-referred to Com. on ED.
upper
Apr 5, 2021
Committee
Re-referred to Com. on RLS.
upper
Mar 25, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.
upper
Mar 3, 2021
Committee
Referred to Com. on HOUSING.
upper
Feb 18, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 9 co-sponsors
Sponsors
No sponsor information available.
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